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11 de juny 2018

Judge Llarena's letter to Frau Führer (17 May 2018)

This is the letter judge Llarena sent to Frau Führer, chief public prosecutor of Schleswig-Holstein, on May 17 2018, the day after the rejection of his EAW by a Brussels court.
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European Arrest Warrant and Delivery of Carles Puigdemont i Casamajó

Dear Mrs. Führer:

In this same procedure and in reference to other defendants who have been arrested in Belgium, yesterday, a Tribunal in Brussels denied their delivery to Spain.

As the executing judicial authority, the Belgian Court based its decision on the fact that the OEDE did not mention any national arrest warrant prior to its issuance and that it does not consider that the indictment order laid down by the Spanish legal system was comparable to that arrest warrant, despite the fact that the Spanish Supreme Court informed it otherwise (sic).

We claim this is contrary to the principle of mutual trust for the legal nature of resolutions foreseen in the Spanish legal system to be assessed, thus differing from that which the Supreme Court has informed that they have. In any event, to avoid allegations by the party that could lead to the same error, I would like to inform you of the following:

a. Article 8.1.c of the Council Framework Decision on the European arrest warrant and the surrender procedures between Member States (2002/584/JHA), provides that the information that will contain the European arrest warrant is "evidence of an enforceable judgment, an arrest warrant or any other enforceable judicial decision having the same effect, coming within the scope of Articles 1 and 2.

b. The indictment order issued on March 21, 2018 stated that given the deeds and responsibilities attributed to Carles Puigdemont Casamajó in that resolution, once the investigation phase was completed, it was agreed to maintain the precautionary measure of imprisonment that had been adopted at the beginning of the investigation.

c. In Spain, as of that moment, said resolution is the executive resolution regarding the provisional imprisonment of Carles Puigdemont.

In other words, that is the decision challenged by the lawyers who wanted an amendment to the precautionary measure of imprisonment and the one justifies Carles Puigdemont being immediately arrested and placed in prison if he were found in Spain or was handed over.

d. After this indictment of March 21 2018, the Public Prosecutor's Office requested that, in order to comply with the precautionary measure of provisional detention decided in the indictment order, a European order for the arrest and surrender of Carles Puigdemont be issued.

e. In response to this request, on March 23, 2018, the underlying order was issued for the European warrant of arrest and surrender that you know. In said underlying order it is expressly stated that the deeds and the participation for which prison is ordered and the European Arrest Warrant is issued against the defendant Carles Puigdemont i Casamajó, is the one that is included in the indictment order of March 21 2018, and the same one that is operative in Spain.

This is all I have the pleasure to informing you and I remain at your disposal for any further clarification that may be required.
Madrid, May 17 2018.